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Esa-work focused interviews
- Peter
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10 years 8 months ago - 10 years 8 months ago #124853 by Peter
Esa-work focused interviews was created by Peter
Hi have just joined the site hoping you can help me with my esa adviser problem I have been on work related esa for just over a year after being on IB previous to this and only being put on esa after an appeal which I won I must have the adviser from hell she is rude,unhelpful and just gives out her orders with no explanations as to why.I have an appointment to see her again this week which will be the 3rd week running I have had to see her. I have spent the last week trying to find any information on where I stand with her but can't find any up to date sites I'm sure she thinks I'm on jsa not esa and she will have me looking for a job soon...
Last edit: 10 years 8 months ago by Gordon.
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- Gordon
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10 years 8 months ago #124857 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa-work focused interviews
Peter
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Without more information it is difficult to offer detailed advice.
You cannot be asked to work or to seek work but you can be requested to do voluntary work and can be mandated to do work trials and training courses, anything that you are asked to do must take into account any limitations that result from your limitations.
It sounds like you are currently attending Work Focussed Interviews, as with any mandated activity a failure to attend or participate can and likely will result in your ESA being sanctioned, sanctions last until the requirement is satisfied plus a penalty period. See the following for more information
Work Focussed Interviews
ESA Sanctions
It is also possible that you will be forwarded to the Work Programme, participation is again required on threat of sanction.
Work Programme
If you feel that your JC+ advisor is not listening to your concerns over what they are requesting you to do then you should escalate the issue to their supervisor.
There is a guide to avoiding ESA Sanctions on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any more specific questions about what you are being asked to do then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Without more information it is difficult to offer detailed advice.
You cannot be asked to work or to seek work but you can be requested to do voluntary work and can be mandated to do work trials and training courses, anything that you are asked to do must take into account any limitations that result from your limitations.
It sounds like you are currently attending Work Focussed Interviews, as with any mandated activity a failure to attend or participate can and likely will result in your ESA being sanctioned, sanctions last until the requirement is satisfied plus a penalty period. See the following for more information
Work Focussed Interviews
ESA Sanctions
It is also possible that you will be forwarded to the Work Programme, participation is again required on threat of sanction.
Work Programme
If you feel that your JC+ advisor is not listening to your concerns over what they are requesting you to do then you should escalate the issue to their supervisor.
There is a guide to avoiding ESA Sanctions on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any more specific questions about what you are being asked to do then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
10 years 8 months ago - 10 years 8 months ago #124863 by bro58
Replied by bro58 on topic Esa-work focused interviews
Hi P,
To add to Gordon's comments.
Any WRA must be "reasonable" and The Adviser should agree an Action Plan with you.
See ESA Reg 3. (4) WRA. :
"(4) A requirement imposed under paragraph (1)—
(a)must be reasonable in the view of the Secretary of State, having regard to the person’s circumstances; and
(b)may not require the person to—
(i)apply for a job or undertake work, whether as an employee or otherwise; or
(ii)undergo medical treatment."
From :
www.legislation.gov.uk/uksi/2011/1349/regulation/3/made
bro58
To add to Gordon's comments.
Any WRA must be "reasonable" and The Adviser should agree an Action Plan with you.
See ESA Reg 3. (4) WRA. :
"(4) A requirement imposed under paragraph (1)—
(a)must be reasonable in the view of the Secretary of State, having regard to the person’s circumstances; and
(b)may not require the person to—
(i)apply for a job or undertake work, whether as an employee or otherwise; or
(ii)undergo medical treatment."
From :
www.legislation.gov.uk/uksi/2011/1349/regulation/3/made
bro58
Last edit: 10 years 8 months ago by bro58.
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- Peter
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10 years 8 months ago #124913 by Peter
Replied by Peter on topic Esa-work focused interviews
Hi,just thought I'd update you I've been to see my esa adviser today where I was told I had not done what she had told me to do(I had in fact) so she's sending me on a computer course next week and then I have to go to the job centre the next day to tell her if I got the course or not when I asked why I couldn't phone and tell her I was told it's because she wants to see me......I have seen her 4 times now as well as 2 times with another adviser,does anyone know how many times you have to see an esa adviser as I think she's taken the mick out of me with the way she talks to me.its not just me as a friend of mine nearly had a nervous breakdown last year because of the same adviser....
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- Gordon
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10 years 8 months ago #124917 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa-work focused interviews
Peter
There is no limitation on the number of times that your advisor can ask to see you, although they must (as previously posted) take account of your limitations when making these requests. That said, we would expect most ESA claimants to be seen monthly, weekly would be pushing it for most claimants and daily would undoubtedly be unreasonable, but I do need to stress that there are no guidelines for this.
You might want to consider asking for all requests to be put in writing, you need to understand whether it is a request or a mandatory requirement, what the requirement is and any dates and times associated with it and if it is mandatory what could happen if you fail to meet the requirement.
Also, just to remind you, you do have the option of escalating the issue to a JC+ supervisor.
Gordon
There is no limitation on the number of times that your advisor can ask to see you, although they must (as previously posted) take account of your limitations when making these requests. That said, we would expect most ESA claimants to be seen monthly, weekly would be pushing it for most claimants and daily would undoubtedly be unreasonable, but I do need to stress that there are no guidelines for this.
You might want to consider asking for all requests to be put in writing, you need to understand whether it is a request or a mandatory requirement, what the requirement is and any dates and times associated with it and if it is mandatory what could happen if you fail to meet the requirement.
Also, just to remind you, you do have the option of escalating the issue to a JC+ supervisor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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